(a) General. The landlord may not terminate any tenancy in a subsidized project except upon the following grounds:
(1) Material noncompliance with the rental agreement,
(2) Material failure to carry out obligations under any state landlord and tenant act,
(3) Criminal activity by a covered person in accordance with sections 5.858 and 5.859, or alcohol abuse by a covered person in accordance with section 5.860. If necessary, criminal records can be obtained for lease enforcement purposes under section 5.903(d)(3).
(4) Other good cause.
No termination by a landlord under paragraph (a)(1) or (2) of this section shall be valid to the extent it is based upon a rental agreement or a provision of state law permitting termination of a tenancy without good cause. No termination shall be valid unless it is in accordance with the provisions of § 247.4.
(b) Notice of good cause. The conduct of a tenant cannot be deemed other good cause under § 247.3(a)(4) unless the landlord has given the tenant prior notice that said conduct shall henceforth constitute a basis for termination of occupancy. Said notice shall be served on the tenant in the same manner as that provided for termination notices in § 247.4(b).
(c) Material noncompliance. The term material noncompliance with the rental agreement includes:
(1) One or more substantial violations of the rental agreement;
(2) Repeated minor violations of the rental agreement that:
(i) Disrupt the livability of the project,
(ii) Adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related project facilities,
(iii) Interfere with the management of the project, or
(iv) Have an adverse financial effect on the project;
(3) If the tenant:
(i) Fails to supply on time all required information on the income and composition, or eligibility factors, of the tenant household, as provided in 24 CFR part 5; or
(ii) Knowingly provides incomplete or inaccurate information as required under these provisions; and
(4) Non-payment of rent or any other financial obligation due under the rental agreement (including any portion thereof) beyond any grace period permitted under State law, except that the payment of rent or any other financial obligation due under the rental agreement after the due date, but within the grace period permitted under State law, constitutes a minor violation.
(Approved by the Office of Management and Budget under control number 2502-0204)
[41 FR 43330, Sept. 30, 1976. Redesignated at 49 FR 6713, Feb. 23, 1984, and amended at 54 FR 39697, Sept. 27, 1989; 56 FR 7531, Feb. 22, 1991; 61 FR 13624, Mar. 27, 1996; 61 FR 47382, Sept. 6, 1996; 66 FR 28797, May 24, 2001]
Notes of Decisions
Oak Glen of Edina v. Brewington, 642 N.W.2d 481 (Minn. Ct. App. 2002).
· cites it 7× “V 1999); 24 C.F.R. § 247.3 (2001). Under the guidelines, Brewington pays a portion of the rent, based on a percentage of her income, and the Department of Housing and Urban Development (HUD) pays the balance.”
Matter of 322 W. 47th St. HDFC v. Loo, 2017 NY Slip Op 6403 (N.Y. App. Div. 2017).
· cites it 2× “We decline to reach in the interest of justice tenant’s unpreserved argument, raised for the first time in reply papers, that she was not served with a pretermination notice that is required where, as here, the catch-all “good cause” ground is cited by the landlord as the basis…”
Cimarron Vill. v. Washington, 659 N.W.2d 811 (Minn. Ct. App. 2003).
· cites it 4× “In contrast, the “material noncompliance” requirement derives not from any language in a statute, but from 24 C.F.R. § 247.3 (a)(1) (2002), which provides that a landlord may not terminate a tenancy in a subsidized project except upon a showing of material noncompliance with the…”
Greenport Preserv., L.P. v. Heyward, 74 Misc. 3d 46 (N.Y. App. Term. 2021).
· cites it 3× “The only permissible grounds for the termination of such a tenancy are listed in 24 CFR 247.3 (a), and they include "[m]aterial noncompliance with the rental agreement" (24 CFR 247.”
Matter of Metro Plaza Apts., Inc. v. Buchanan, 2022 NY Slip Op 01087 (N.Y. App. Div. 2022).
· cites it 4× “" This language paraphrases the definition of "material noncompliance" based upon "repeated minor violations" set forth in paragraph 9 (d) of the lease and 24 CFR 247.3 (c) (2). Petitioner later extended the termination date to February 28, 2019, but respondent did not vacate…”
Horizon Homes of Davenport v. Nunn, 684 N.W.2d 221 (Iowa 2004).
· cites it 3× “24 C.F.R. § 247.3 (a). The conduct of a tenant cannot qualify as “other good cause” unless the landlord has given the tenant notice that such conduct shall constitute a basis for termination of occupancy.”
Cmty. Homes of Bismarck, Inc. v. Main, 794 N.W.2d 204 (N.D. 2011).
· cites it 3× “” Under 24 C.F.R. § 247.3 (a) (2010), a landlord may terminate any tenancy in a subsidized housing project for “[m]aterial noncompliance with the rental agreement.”
Presidential Vill., LLC v. Perkins, 209 A.3d 616 (Conn. 2019).
· cites it 2× “See 24 C.F.R. § 247.3 (2018). One such ground is material noncompliance with the rental agreement; see id.”
Robinson v. Chicago Hous. Auth. (In Re Robinson), 169 B.R. 171 (N.D. Ill. 1994).
· cites it 3× “Under 24 C.F.R. 247.3(a), the landlord can terminate a tenant’s lease because of: “(1) material non-compliance with the rental agreement; (2) material failure to carry out obligations under any State landlord tenant act, or; (3) other good cause.”
Malibu Inv. Co. v. Sparks, 2000 UT 30 (Utah 2000).
· cites it 2× “The regulation provides that "[t]he landlord's determination to terminate the tenancy shall ... state the reasons for the landlord's action with enough specificity so as to enable the tenant to prepare a defense.”
Palmer Gardens v. Rodgers, 2020 Ohio 5040 (Ohio Ct. App. 2020).
· cites it 4× ““[m]aterial noncompliance with the rental agreement,” which is defined as, among other things, “[n]on-payment of rent or any other financial obligation due under the rental agreement (including any portion thereof) beyond any grace period permitted under State law * * *.”
Presidential Vill., LLC v. Perkins, 170 A.3d 701 (Conn. App. Ct. 2017).
· cites it 10× “See 24 C.F.R. §§ 247.3 and 247.4. The only notice at issue in this case was the federal pretermination notice.”
— 24 C.F.R. § 247.3(a) — 5 cases
Robinson v. Chicago Hous. Auth. (In Re Robinson), 169 B.R. 171 (N.D. Ill. 1994).
“Under 24 C.F.R. 247.3(a), the landlord can terminate a tenant’s lease because of: “(1) material non-compliance with the rental agreement; (2) material failure to carry out obligations under any State landlord tenant act, or; (3) other good cause.”
— 24 C.F.R. § 247.3(a)(1) — 1 case
Palmer Gardens v. Rodgers, 2020 Ohio 5040 (Ohio Ct. App. 2020).
““[m]aterial noncompliance with the rental agreement,” which is defined as, among other things, “[n]on-payment of rent or any other financial obligation due under the rental agreement (including any portion thereof) beyond any grace period permitted under State law * * *.”
— 24 C.F.R. § 247.3(c) — 4 cases
Cimarron Vill. v. Washington, 659 N.W.2d 811 (Minn. Ct. App. 2003).
“In contrast, the “material noncompliance” requirement derives not from any language in a statute, but from 24 C.F.R. § 247.3 (a)(1) (2002), which provides that a landlord may not terminate a tenancy in a subsidized project except upon a showing of material noncompliance with the…”
Palmer Gardens v. Rodgers, 2020 Ohio 5040 (Ohio Ct. App. 2020).
““[m]aterial noncompliance with the rental agreement,” which is defined as, among other things, “[n]on-payment of rent or any other financial obligation due under the rental agreement (including any portion thereof) beyond any grace period permitted under State law * * *.”
— 24 C.F.R. § 247.3(c)(1) — 1 case
Robinson v. Chicago Hous. Auth. (In Re Robinson), 169 B.R. 171 (N.D. Ill. 1994).
“Under 24 C.F.R. 247.3(a), the landlord can terminate a tenant’s lease because of: “(1) material non-compliance with the rental agreement; (2) material failure to carry out obligations under any State landlord tenant act, or; (3) other good cause.”
— 24 C.F.R. § 247.3(c)(3) — 1 case
— 24 C.F.R. § 247.3(c)(4) — 2 cases
Palmer Gardens v. Rodgers, 2020 Ohio 5040 (Ohio Ct. App. 2020).
““[m]aterial noncompliance with the rental agreement,” which is defined as, among other things, “[n]on-payment of rent or any other financial obligation due under the rental agreement (including any portion thereof) beyond any grace period permitted under State law * * *.”
Robinson v. Chicago Hous. Auth. (In Re Robinson), 169 B.R. 171 (N.D. Ill. 1994).
“Under 24 C.F.R. 247.3(a), the landlord can terminate a tenant’s lease because of: “(1) material non-compliance with the rental agreement; (2) material failure to carry out obligations under any State landlord tenant act, or; (3) other good cause.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.